Foreign Relations of the United States, 1969–1976, Volume XXIX, Eastern Europe; Eastern Mediterranean, 1969–1972

64. Memorandum From Helmut Sonnenfeldt of the National Security Council Staff to the Presidentʼs Assistant for National Security Affairs (Kissinger)¹

Washington, May 4, 1971.

SUBJECT

• The Austrian State Treaty and the Acquisition of Defensive Missiles

As a result of Foreign Minister Kirchschlaegerʼs visit to Moscow earlier this year, the Austrians believe that the Soviets would now agree (unlike their 1964 position) to interpret the State Treaty so as to permit Austria to acquire short range defensive missiles. The British and French agree with us that Article 13 of the Treaty² can legally be interpreted as permitting this acquisition. They also agree that some form of confirming written exchange among the signatories is necessary (though the French do not want to be too rigid). The Austrians, on the other hand, fear that an attempt to get the Soviets to confirm this positive interpretation in writing would be counterproductive, and so the Austrians would like some form of de facto approval procedure.

Our own consideration of this matter has been temporarily sidetracked because of Congressional considerations. As a matter of law, the Executive has the authority to “interpret” treaties without recourse to the Senate, and there is even some legal support for the Executive alone agreeing to a “modification” of a treaty in some cases. However, in Stateʼs initial contact with the Senate Foreign Relations Committee staff, it became apparent that more than mere notification to that Committee would be necessary. (In an April 3 speech at Yale, Senator Fulbright charged—in another context—that the Executive reduces commitments to a near nullity by the device of reinterpreting treaties.)

State is currently awaiting receipt from the Austrians of their missile “shopping list” which they have promised to send to all signatories of the Treaty. The Committee staff has indicated great interest in precisely what types of missiles Austria desires.

At this point at least, there does not seem to be anything for you to do. A memorandum from State on this is at Tab A.³

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 668, Country Files—Europe, Austria, Vol. I. Confidential. Sent for information. A copy was sent to John Lehman (Department of Defense). A notation on the memorandum reads: “Hold for HAK.”
2. It prohibited “self-propelled or guided missiles.”
3. Attached but not printed.